Preview
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss. SUPERIOR COURT
CIVIL ACTION NO.
24CV319
Digital Federal Credit Union,
Plaintiff,
V.
06/18/2024
Johnny A. Rodriguez,
Defendant.
VERIFIED COMPLAINT FOR WRIT OF REPLEVIN
Now comes Digital Federal Credit Union (hereinafter “DCU”), and complains against
Johnny A. Rodriguez as follows:
Parties
1 The Plaintiff, Digital Federal Credit Union is a corporation organized under the laws of
the United States with a principal place of business located at 220 Donald Lynch Blvd, P.O. Box
9130, Marlborough, MA 01752.
2. Upon information and belief, the Defendant, Johnny A. Rodriguez, is a natural person
with a last known address at 118 White Street, Springfield, MA 01108.
Facts
3. That on or about September 6, 2019 the Defendant executed and delivered to Plaintiff a
certain Promissory Note and Security Agreement in the amount of $14,580.19 (“Note”). See
Exhibit A attached hereto for a true and correct redacted version removing personal information.
File # 23-042540 Page 1 of 5
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
4. Said Note was secured by a certain motor vehicle, described as a 2014 Honda CR-V, VIN
No. 2HKRM4H54EH628060 (“Vehicle”), which, on information and belief is kept at 118 White
Street, Springfield, MA 01108.
5. The Plaintiff is the current holder of the Contract.
6. The Note is secured by the Vehicle.
7. The Plaintiff's security interest in the Vehicle was duly perfected and constitutes a valid
lien against the Vehicle as evidenced by the Certificate of Title. See Exhibit B attached hereto
for a true and correct redacted version removing personal information.
COUNT I
(Breach of Contract)
8. The Plaintiff reasserts and incorporates by reference Paragraphs | through 7.
9. The Defendant is in default of the Contract by virtue of his failure to make timely
payments due and owing to Plaintiff in connection with the Contract and retains possession of
the Vehicle.
10. The Defendant has breached the Contract by failing to make payments that have become
due, or to return possession of the Vehicle to the Plaintiff.
11. The Plaintiff has demanded payment from the Defendant or possession of the Vehicle in
accordance with Massachusetts General Laws Chapter 255D §21. See Exhibit C attached hereto
for a true and correct redacted version of the demand letter removing personal information.
12. The Defendant has failed to cure the default or reinstate the debt set forth in the Contract,
despite demand.
13. As of June 20, 2023, the Defendant owes the Plaintiff the sum of $8,254.65.
File # 23-042540 Page 2 of 5
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
COUNT II
(Replevin - Injunctive Relief)
14. The Plaintiff reasserts and incorporates by reference Paragraphs | through 13.
15. The Defendant has continued to use and enjoy the possession of the Vehicle despite his
default of the obligations set forth in the Contract as alleged herein.
16. The Defendant has failed to make payments that have become due, or to retum
possession of the Vehicle to the Plaintiff, despite demand.
17. In the event of default, the Contract grants Plaintiff the immediate right to repossess the
Vehicle to satisfy the debt.
18. Pursuant to Massachusetts General Laws Chapter 255D §22, Plaintiff is entitled to
possession of the Vehicle after notice and hearing.
19. The Plaintiff claims return of the Vehicle or its value.
20. On information and belief there are no other known lienholders.
WHEREFORE, the Plaintiff demands judgment against the Defendant and requests the
following relief:
1 Issue an ORDER OF NOTICE, notifying the Defendant of a hearing on its request for a
preliminary injunction.
2. Grant a preliminary and permanent injunction restraining Defendant from removing the
Vehicle from its location, or transferring, selling, pledging, assigning, or otherwise altering,
damaging, disposing of, or permitting the Vehicle to become subject to a security interest or lien,
until further Order of the Court; and
3. Grant a preliminary and permanent injunction that the Defendant, his employees, agents,
servants, landlord and others acting in his behalf, return said collateral to the Plaintiff, and that
the Defendant, his employees, agents, servants, landlord and others acting on his behalf refrain
File # 23-042540 Page 3 of 5
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
from interfering with the right of the Plaintiff, its agents, representatives and process servers, to
enter and remove the Vehicle from any premises of the Defendant or any location where the
Vehicle is being held.
Dated: Apnk__, 2024
June 14, 2024
Respectfully submitted,
By its attorney,
/s/ Tracy A. Kish
Tracy A. Kish, Esq. BBO# 656918
Korde & Associates, P.C.
900 Chelmsford Street, Suite 3102
Lowell, MA 01851
(978) 256-1500 (ext. 26245)
tkish@kordeassociates.com
File # 23-042540 Page 4 of 5
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
VERIFICATION
L+ bh Gok employed by Digital Federal Credit Union, having first
been duly deposed and sworn, hereby state under the penalty of perjury that based upon a review
of Digital Federal Credit Union's business records kept in the ordinary course of business. the
NADA Official Used Car Guide and the exhibits contained herein, | have personal knowledge
that the facts contained in the foregoing document are true, accurate and complete to the best of
my knowledge, information, and belief.
Dated C/o
STATE OF At
Mp oq
O59 Lys
L
us
COUNTY OF Middl
f
On this day personally appeared before me bP IEA) Ce? made oath
that the facts alleged in the foregoing Complaint are true and correct to the best of his/her
knowledge, information, and/or belief
LO WAX
Notary Public/Justice of the Peace
My commission expires July, 21, 207.8
Victoria A. Robinson
wy
a NOTARY PUBLIC
HONWEALTH OF MAS!SSA
| Ek MY COMMISSIONE:
duly 21, 2028
IRES
beset
File # 23-042540 Page 5 of 5
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden.
Docket Number
Exhibit A
(Contract)
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden
| Docket Number
Sep 06 2019 05:33PM HP Fax page6
snares comms
te
en
Name Co- ‘Name Nar
Gneluding CotSint and Zip Goda) (including County and Zip Code)
RODRIGUEZ, JOHNNY A Fortuna Auto Sales Inc.
118 WHITE ST 1650 Bay Street
SPRINGFIELD, MA 01108 Springfield MA 01109
choose to-buy the vehicie
You, the Buyer (and Co-Buyer, If any), may buy the vehicle below for cash or on credit. By signing this contract, you “we” or “us” in this
‘on credit r the agreements on the front and back of this contract. You agi ree to pay the Seller - CreditorWe (gometimes
will figure your finance charge
contract) the Amount Financed and Finance Charge in U.S. funds according to the payment schedule below.
on a daily basis. The Truth-In-Lending Disclosures below are part of thia contract.
Make Primary Use For Which Purchased
New/Used Year and Model Vehicle Identification Number
Personal, Tan ‘or household unless:
Honda C business
used 2014 CR-V 2HKRM4H54EH628060 1D aprcutural
PERCENTAGE
TRU TH-IN-LENDING DISCLOSURES.
Total of
Financed
Total Sate
meurance. You
you choose
may
“a a)
hyskcal damage Ineur-
from anyone
to us, You are not
requiredto
ton ndetng
‘The am ~The total
cost of to obtain credit
‘The dollar The amount of Vendor's Sing Interest
‘The cost of amount the credit provided | will have patd after your purchase on. untess the
you have made all | ‘credit, including requiredIs:
your credit as
‘a yearly rate.
credit will
cost you, ‘on your behatt. Payments 88 tt any Insurance
Is checked below, policies or
‘from the named insurance ‘companies
wilt
desoribe
the terms and conditions.
5.24% $ $2,198.26 | $ $14,580.19] $ $16,778.45] $ $17,278.45 ‘Cheek the Insurance you want and sign below:
Optional Credit insurance
Your Payment Schedule Will Be: Cleredit Lite: () Buyer C) Co-Buyer C1] Both
‘Numberof
Payments
Amount of
Payments write Bue credit Acciéent and Health: Buyer C]Co-Buyer C1 Both
. Monthly beginning 19/96/2019 (Ci credit Invoiuntary Unemployment
insurance:
65 $258.13
Ooeuyer Cl Coeuyer ‘Deon
Premium:
Credit ties __n/@
Or As Follows: Credit Accident and Heath §_./8___
‘Credit Involuntary Unemployment Insurance § —_____
insurance Company Name
Late Charge. \f payment Is not received In full within 15 days after it is due, you wil pay a late charge of
8% of the part of the payment that is late, The charge will not exceed $5 if you bought the vehicle primarily Home Office Address
for personal, family, or household use,
Prepayment. If you pay off all your debt early, you will nat have to pay a penalty. (Credit ite insura accident and heath insurance, and
nce,
credit
to
Security interest. You are giving a security interest in the vehicle being purchased.
matio n
nonpayment, ‘obtain credit. caneen insurance are ‘not
‘buy or not to buy credit fe
Additional Information: See this contract for more Information Including inforabout {ngurance, ‘oredit
default, eny required repayment in full betore tho echeduled date and security Interest. Insurance wit not be @ factor in the
wil nol be provided
uniees
‘the extra cost. If you choose this insurance,
{TEMIZATION
OF AMOUNT FINANCED ‘cost is shown In Item 4A of the
4. Cash Price (inching $881.19
__ sales tax) $_$14,681.191) I Insurance
Is based on your original
‘This insurance may not pay all you owe on this contract tf
2 Total Downpayment =
‘ol cover any Inreese nyu Ra ‘or in the rumberof
Trade-| credit accident and
" (Year) (Make) and
Grose Trade-in Allowance ‘enda
on the due date for the lest payment untess @
¢_sn/a for the insuranceis
Less Pay Off Made By Selter
Equals Net Trade In $_$n/a__.
+ Cash $_$500.00_
+ Other
$_$500.00__ YOU CANNOT BE DENIED CREDIT SIMPL
(iftotal downpayment is negative, enter “0” and see 4] below)
3 Unpald Balance of Cash Price (1 minus 2) INSURANCE. CREDIT LIFE INSURANCE ANI
Geer ACCIDENT AND HEALTH
4 Other Charges Including Amounts Paid to Others on Your Behalf
(Soler may keep part of these amounts): ANC! NOT
A. Cost of Optional Gredit Insurance CREDIT, INSURANCEWILL NOT BE PROVIDE:
“Paid to Insurance Company or Companias. UNI ID AGREETO PAY TH
Uta $ gn/a ADDITIONAL
$ $n/a Other Optional Insurance
Accident
and Health
unt enUnemployment
Involuntary Insurance _§n/a_____ $_$nda__ “Type of Insurance
B_ Vendor's
Single interest insurance
Paid to Ineuranoe Company Premium $ —_—_—_________
nf
Paid to insurance
Cor Insurance Company Name
wn Rateanl Ran Crnteaet $_$nfa_
a (lane Minn Bede
Date Fi 6/18/2024 3 PM
Superior Court - Hampden
Docket |Number
Sep p nn run 05:33PM HP. Fax je 7
[ seu
Late Charge. it Payment is not received in full within 1 Cred inolictary Uneaten
ineoince $:
‘5% of the part of the Payment that Is late, The charge 'S days after it is ‘dua, you wil pay a late charge of {insurance Company Namo
for personal, family, or household use, ‘wil not exoeed $5 you bought the vehicle primary Home Office Address.
{f you pay off all your debt arly, you wil not have to pey @ penalty.
InteYou rearest givin,g a ‘Security interest in
Additional i See this contra for
the vehicle being purchased. Cred tte insu
credit
ra accident
ncand e,
health end
ct
otek,
any required Fepayment
more Information including
Information about nonpayment,
in tui before the scheduled date and security interest. obtain credit, fe nol requtedtp
gS, Buy OF not Yo buy cot ip
‘nevrance,
credit acckfend
STEMIZATION OF AMOUNT FINANCED will not be @ factor In the
; Pan ite (tog $$BB1.19 sale nx 0 pay the extra vost If you chooga thierauates Be
costis ‘shown
in fem
$814,681.19
Trade-in
(Year (Make)
a aL Yay yu ove on aecontfy
(htodaiy ‘not cover ay payment or in the number of
Gross Trade-in Altowanoe Coveragefor (ie fnsurance,
Less Fay Off Mace By Seller $_Snfe
$_$n/a
anfarest
oneterm forthe
tbe insurance ft invlurary|
dus date for the last payment
unless
Equats
Net Trade In Is ‘shown below.
+ Cash
+ Other $_$500.00
$_née
(if total downpayment
is negative, enter “0” and ee 41 below)
3 Unpaid Balance of Cash Price (1 minus 2 $_$500.60:"-
100.0: YOU CANNOT BE DEMED
4 Other Charges including Amounts Pad to Othars on Your Beta! $_$14,181.
19% YOU CHOOSE MOTTO BUY CREDT
(Boter may keep part of these amounts): ‘SREY ACCIDENT, AND HEALTH INSURANCE
‘A Cost of Optional Cred Insurance ANG CREDIT
Paid to Insurance Company or Companies. ARE MOT REGUIR
FO ED
OBTAIN
‘Accident
and Health, S$nfa UNLESS
YOU Siew AND AGRE
TO PAYETHE
2 Paidveerto suranc
tng e tenetaneass
Corspany
Sa $s (Other Optional insurance
_ pe of hraaarcs
© Other Paks to. $_$2fa__ el
Be “E $ffa
sg tigi, fk
3
Lien Fees $_$n/a
for
$_nfa
F GovernmentTe‘Not Inclinud Cashed $_nfa Type of Inswance:
Prica
Goverment
License endior Registraion Foas 8S A Precis __PAé
fesumrce Company Name
Government Certiicata of Tite Foes $_$25.00___
| Other Charges (Beller must identity who ls pal and $873.00 Fame Office Adieens
Sescrine purpose!
for Prior Cradh or Lease Belence teqpaired
to obtain cred,
$_n/a_ OF Fh other optional
for_ Se; Wil ret be-a. factor
Fortuna Auto Salde Dedivery Foe $_$n/a___ ‘SpprON process. Rt wi
$9299.00 _ you sign and agree to pay the
S_$n/a__ | want the insura
checke
nced above,
$_Snfa___
to” $_ n/a
$_nfa Buyer Signature
$_u/a
$_nfe
Other é and Amounts Otherson Your S_nfa Co-Buyer Signature Date
5 Amount Financed (8 + 4) $__$399.00 _ 4)
$914,580.18) ON YOUR LIABILITFOR
Y BODILY INJURY OR
OPTION:(1 You pay no finance charge If the DAMAGE
Amount Financed, item§, Is paidin full on or before
——_—___.,Year
_ SELLER'S INITIALS, area):
Hf the box ls checked, the Credior
OPTIONAL GAP CONTRACT
A gap contiact
. (debt for the iniualterm of the contract to patoc!
{ineurance the Cradior
Hane you ln bolo ‘and agree 0 pay the extra charge. If you chooseto. 5 not required to obtain credit and will not be ‘or fos or
{ineurance
to the vehicle
Is for the Credor’s
(ooliion, fra, thf}, VSI
buy 8 gap Contract, the charge Is shown in Hem ‘af the
Financed. See your gap contract for detas on the‘terms and ‘provides.
iis a part ofthis contract, ‘ot protect your interest in the vehide. You
the Ineurance ‘Which the VSI Inaurancefs
Term 65.
Mos, ‘obtained.
If you slect 0 ‘VSI Insurance the
‘Name of Gan Gnnirart Credit,
the coat of this §$_n/a__
urenoe aniis
— an In Ha AP. the tamtratinn
of Brewint Fironnart Tha
Date Filed 6/18/2024 3:33 PM
Superior Court - Hampden
Docket |Number
a2 96 Zoe 05:35PM HP Fax page 8
. et
- @ Government Renee al
endior Registration i$ See
a Government Certticate of ineurance Company Name
Tits Fees $_$25.00__
1. Other Charges (eller must
Identity who Js paid and $_$75.00_ Home Office Address
cate purpose)
for Prior Credit or Lease Balance
to Insurance